limitations,
namely, the doctrine of basic structure and lack of
legislative competence. The doctrine of basic
structure is brought in as a window to keep ... basic structure doctrine. The Court pointed out that the power to grant
absolute immunity at will is not compatible with basic structure doctrine
and after
Constitution.
Elucidating the question of application of the principle of basic
structure, the Hon'ble Apex Court observed as follows ... matter of application of the principle of
basic structure, twin tests have to be satisfied,
namely, the "width test" and the test
catch-up rule or insertion of consequential seniority would violate the basic structure of the equality code enshrined in Articles ... obliterated by the impugned amendments so as to violate the basic structure of the constitution, the Hon'ble Apex Court in aforesaid decision
below:
"102. In the matter of application of the principle of basic structure, twin tests have to be satisfied, namely, the width test ... tests to the present case, there is no violation of the basic structure by any of the impugned amendments, including the Constitution (Eighty-second) Amendment
below:
"102. In the matter of application of the principle of basic structure, twin tests have to be satisfied, namely, the width test ... tests to the present case, there is no violation of the basic structure by any of the impugned amendments, including the Constitution (Eighty-second) Amendment
74th Amendments, are
violative of principles such as equality, democracy and
fraternity, which are part of the `basic structure' doctrine. The
decision ... constitutional
provisions violated elements of the `basic structure' doctrine,
Shri Rajeev Dhavan contended that the basic structure is not
co-extensive with the fundamental
federal structure as well as the
principles of separation of powers, being a part of the
basic structure of the Constitution, it is neither
permissible ... Constitution, to ensure that
the federal structure embodied in the Constitution as a
basic principle, is not disturbed by permitting/directing
the police force
Abu Salem Abdul Qayoom Ansari vs State Of Maharashtra & Anr on 10 September, 2010
A.K.Behera vs Union Of India & Anr on 6 May, 2010
Author: J
structure when it was notified for acquisition.
Without making an enquiry with regard to the age of the
structure which was acquired, it would ... assessment with regard to the
age of the structure. He has faulted on the basic principle
of assessment of valuation of a construction. Besides
